Same as before, 9 a.m.

Mr. Hill: I would like now to call Mr. James Ashton, brother of the deceased to the stand. (James Ashton takes the stand.)

James Ashton: I am the brother of the unfortunate young man who was shot on the 3rd January, 1831. I had the superintendence of the Apethorn Mill, and my deceased brother of the Woodley Mill. I was in the habit of being by the foot path from the house and into Apethorn lane to the mill, about seven o’clock in the evening.

On the night of the 3rd  January, 1831, my brother was to superintend the Apethorn Mill for me. At this period that was considerable excitement in the neighbourhood In consequence of disputes about wages, a number of hands had turned out. I had discharged one man previously to the 3rd  of January for being in the union.

Mr. Hill: Thank you Mr. Ashton. This closes the case for the prosecution.

Mr. Dunn: I wish to ask Mr. Hill about the witnesses. I wish to know which of the witnesses were known independently to Garside’s statement.

Mr. Hill: Mr. Samuel Chorton, attorney for the prosecution: Hannah Oldham, Henry Taylor and George Wagstaff and Mr. Tinker were witnesses whom we knew of independently of Garside’s statement. I procured Robert Middleton in consequence of the statement of William Mosley.

Judge: Mr. Garside, if you choose to make a statement of defence, as your counsel can not be heard for you, the time had arrived for you to make it.

James Garside: When I made my first statement, Dr. Forrester promised me my liberty; which they’ve keep him back for fear he should tell the truth. It was liberty for both the job I was convicted for and for that which I was going to undergo.

And likewise I should have the greatest part of the reward upon the conviction of the persons. He did not think I should have it all. That was before Mr. Lockett came. That was what I told upon, and the proclamation together; and Mr. Sim, the governor, told met that the proclamation was sufficient for me without any promise; I did not require any more. He told it to me daily for a fortnight or three weeks together. Mr. Sims told me what I was to say to Mr. Lockett when he came to question me.

Mr. Hill: Recall Mr. Sims. (Mr. Sims retakes the stand.) You have heard Mr. Sims what Joseph Garside has said. What have you to say to this?

Mr. Sims: What he says, my lord, is entirely false. (looking towards Garside) You told me the first time, there was only one man doing the job and that is was Joseph Mosley. I never told you the Mosleys would be sure to hang you.

James Garside: You’d not speak the truth. If you’ve come to take my life away do it.

Judge: Joseph Mosley, have you anything more to say?

Joseph Mosley: All I have to say, I know nothing about it. (He gives a written paper which was handed to the judge, who looked through it and then passed it to the clerk of the court to read.

Clerk: It says, “I am quite innocent of the charge now brought against me. My brother and James Garside is the principal witnesses against me and I am certain if they knows anything about the affair they knows I am as innocent as a  man can be of it.
 
I pray you, gentlemen, take it into your consideration whether it is likely I should commit such an outrage of a person I never knew or saw in my life. I likewise understand that some £10 was given to the person guilty of this horrid crime, and that this sum was given by a party of unionists; and I always thought their intentions were bad, and that they would be in injury to the country: and I think they would not on any account employ any but those who belonged to a union in such a case as this.

As for my brother William Mosley and James Garside, they are united on this occasion, and they are both bad characters. James Garside was “death recorded” last Derby assizes but one, for theft, and he cost his parents a deal of money for robbing a respectable farmer of  a plough-rein, and he also robbed some carts, and other offences for which he escaped by his parents paying money to make it up, and save him from punishment.

My brother has been convicted for theft and he is a very loose, drunken character, and I believe he would sell me or anyone else or even himself, for the sake of drink. I am married and have children, and since then I have been very little with my brother. I am poor and entirely without the means of defence, except some kind friend comes that knows me.

Mr. Dunn: The crown thinks it fit to put in the statement of Garside, wherein he stated that Joseph Mosley was the hand that fired, if that document was evidence, that statement must be taken to be entirely true, and if so, he submitted that Garside was clearly within the terms of the proclaiming.

Judge Parke: With that statement we have nothing now to do, except as it is evidence against Garside himself.

Mr. Hill: I know wish to call a prisoner to give evidence. I call Enoch Bradley. (Enoch came to the front and was given the oath.) Mr. Bradley, I understand that you and William   Mosley were together in the hospital and we wish to ask you questions about that. What did William Mosley say to you on that occasion?

Enoch Bradley: It was on the 16th of June. Mosley denied having made any statement and said that Mr. Barrett had kept him in the condemned cells til the Thursday night, and threatened to keep him there till the assizes if he did not make any statement.

He also told me that Mr. Barrett put him in the hospital and said if he would make any kind of statement he should have anything he wanted. When he asked Mr. Barrett how he could make a statement when he knew nothing about it, Barrett then said he would help him out of it, and began to tell him he could say that was the time when they were drinking together and it was so long that nobody would know but that it was then, and he could call witnesses to prove that they have been seen together.

I said to William “Thou does not get so well kept, with  all his grand promises.” And he replied, he could have anyting he had a mind to; he had had 17 s from Barrett, but his money was getting done, and if Mr. Barrett did not come, he must write for him. When he wanted money he told Barrett he was without, and then Barrett said to him, “You’re like to have some more.”

I told him that he would be better to be without money than sell himself. William said he knew what he was doing, that he had sent Mr. Barrett on two or three foolish errands, and that he would send him next to an old man named Turner who was lame and had not been out of his house for many years. I told him “Thou’ll soon be found out if thou goes on.”  William said he did’t care; he’d sooner be hung that locked up in that condemned cell. He said too, that he was going to have the reward, and Barrett would give him £20 out of his own pocket; and that Barrett and he were drink gin together, the Saturday but one before he was committed.

Mr. Dunn: Thank you Mr. Bradley. You may step down. I now wish to call another prisoner., Roger Flinn. (Roger Flinn comes forward and is sworn in.) You have heard what Enoch Bradley has just stated. Did you hear anything similar from William Mosley?

Roger Flinn: I heard him make similar statements, once when I was in the yard with Joseph Mosley and another time when I was in the yard with William Mosley.

Mr. Hill: Recall William Mosley (William comes forward again.) You have heard what these so called friends have to say. How do you reply?

William Mosley: This statement is all untrue. No conversation has even taken place between us about that affair. I was in the hospital from the 16th of June, but I did not tell him anything of the sort.

Mr. Hill: Recall Roger Flinn. (He comes back to the front.) Did you ever hear William Mosley say anything about Mr. Barrett giving him money?

Roger Flinn: No.

Mr. Hill: I call Mr. Dustan, the governor of Chester Castle. (Mr. Dustan comes forward and is sworn in.) Now, Mr. Dustan, why was William Mosley put in the condemned cells?

Mr. Dunstan: He was placed there by my orders and not by those of Mr. Barrett.

Judge: I think this might be a good time for a short break. But I would not like it to be very long, say fifteen minutes.